High court justice Robert Beech-Jones has accused the Samuel Griffith Society of a US-style attempt to stack the high court with conservatives, exposing a partisan rift in the process. In a speech at the North Queensland Law Association Conference in Townsville last month, Beech-Jones warned of a sustained politicised process to influence judicial decision-making.
Speech highlights
Beech-Jones began his address at the Ville Resort-Casino with a joke, but soon turned serious. He spoke of Sir Samuel Griffith, the former Queensland premier and chief justice, who has been "remade and repackaged" by the society bearing his name. Beech-Jones accused the society of culturally appropriating Griffith for ideological and political ends, comparing its methods to those of the US Federalist Society.
Criticism of the society
The justice criticised the society for promoting "ominous" student chapters and a borderline "obsession" with the Mabo native title case. He implied that the society's research on constitutional matters, while sounding reasonable, was anything but. Beech-Jones then accused the society of attempting a US supreme court-style conservative stacking of the high court.
He outlined how the decades-long process of stacking US courts with conservative appointees led to troubling decisions, including striking down restrictions on selling firearms to people aged 18 to 21. "Only a fool would think this was not the intended outcome," he said. "Ordinarily all this would be none of my business but these methods are being advocated for in Australia. This has made it my business."
Beech-Jones concluded: "If anyone thinks this particular US style of court stacking and judicial decision-making is a good idea, then go and live there. The rule of law appears to be having an interesting time in that country."
Reactions
Allan Myers KC, president of the Samuel Griffith Society, responded: "Just do your job as a judge. This assertion is false and no basis for it is made in the judge's address." The society's executive director, Mia Schlicht, wrote in an opinion piece that Beech-Jones "made the strongest case for its existence" by confirming the high court possesses a political dimension.
Partisan rift?
Coverage of the speech highlighted that another high court justice, Simon Steward, gave the keynote address at the society's 2025 conference. Other speakers included former justices Ian Callinan and Dyson Heydon, as well as former attorney general Christian Porter. Research from the Australian National University found that judges appointed by rightwing governments tend to make more conservative decisions, but there is less dissent in the high court compared to the US supreme court.
A former federal court judge, speaking anonymously, expressed concern that the society's political aims are not transparent. He said while most judges appear appointed on merit, some former attorneys general "are clearly just tapping people on the shoulder." He added: "God help us, let's just hope it never gets as political as it is in the United States."
